A DUI murder charge is one of the most serious crimes involving a motor vehicle. In Illinois, there are several ways that you can be charged with a DUI involving the death of an individual. If you have committed the offense of DUI and someone has died as a result of your driving, then you can be charged with an Aggravated DUI or otherwise known as a felony DUI. You can also be charged with reckless homicide if you have been drinking and driving and you cause an accident where an individual dies.
Aggravated DUI Involving Death ( DUI Murder)
In Illinois, if you have been drinking and driving and you have been involved in an automobile accident, you can and likely will be charged with a Felony DUI. Under Illinois law, if you drive or are in actual physical control of any motor vehicle while your blood alcohol concentrate is a .08 or above and you're involved in an accident that resulted in the death of another person and you’re drinking and driving was the proximate cause of the other person's death than you will be charged with a class 2 felony offense. It is important to remember that even if you refuse to submit to a breathalyzer or you are under the influence of any drugs or a combination of drugs and alcohol you can still be charged with an aggravated DUI. Furthermore, if you are facing a chicago DUI investigation, and another person has died as a result of the accident, the police will likely get a warrant to draw your blood.
Punishment for Aggravated DUI Death or DUI Murder Punishment
If you have been charged with Aggravated DUI death in Illinois you will be facing a class 2 felony. Normally a class 2 felony is punishable by 3 to 7 years in Illinois. With the charges of Aggravated DUI Death a defendant is extendable for a longer prison term of up to 14 years if the DUI resulted in a death of one person. If the aggravated DUI resulted in the death of two or more people the court must impose a prison term of 6 years to 28 years. A judge cannot sentence you to probation unless the court determines that there are extraordinary circumstances that exist and require probation.
